Where practical difficulties, unnecessary hardships and other impacts inconsistent with the development standards of the Zoning Ordinance may result from the strict application of certain Ordinance requirements, Variances to Zoning Ordinance requirements may be granted by the Planning Commission (refer to Santa Clara Municipal Code Section 18.108). No Variance may be granted for uses in any district.
In order to grant any Variance, the Planning Commission must make the following findings:
- That there are unusual conditions applying to the land or building which do not apply generally in the same district.
- That the granting of the Variance is necessary for the preservation and enjoyment of substantial property rights of the petitioner.
- That the granting of such Variance shall not, under the circumstances of the particular case, materially affect adversely the health, safety, peace, morals, comfort or general welfare of persons residing or working in the neighborhood of the applicant's property, and will not be materially detrimental to the public welfare or injurious to property or improvements in said neighborhood.
- That the granting of the Variance is in keeping with the purpose and intent of this title.
Application shall be made to the Planning Division and shall be accompanied by twelve (12) copies of fully dimensioned site plans, floor plans and elevation drawings of proposed structures and one 8 ½” x 11” reduced copy of each of the drawings and must be accompanied by a statement of justification. Applications must have the property owner’s signature prior to submittal. Detailed instructions and submittal requirements are provided on the application form. Such application shall be accompanied by a non-refundable fee as shown in the Planning Application Fee Schedule.
For a detailed explanation on the Use Permit process and submittal requirements, please click on the link below: (Provide the information below as a separate link)